SC aims to fully integrate 'Islamic way of life' into PH's judicial system
The Supreme Court (SC) is bent on fully incorporating Shari’ah, the Islamic way of life, into the judicial system for “harmony and peace” through full integration of Filipinos and Muslims in the Philippines “as one people.”
This, in effect, was the message aired by Chief Justice Alexander G. Gesmundo during the opening on Sunday, March 5, in Cagayan de Oro City of the two-day 1st National Shari’ah Summit: Forging the Role of Shari’ah in the National Legal Framework.”
“By integrating Shari’ah into our judicial system, we recognized not only a legal dichotomy, but in essence, a political, religious, and socio-cultural one as well,” Gesmundo said.
“But recognizing this dichotomy was not meant to separate us; paradoxically, it was intended to bind us,” he stressed.
“For by integrating Shari’ah into our judicial system, we bring to mind our own history, we acknowledge our own diversity, and we come face to face with our identity as a nation of multi-cultural influences - borne from heroic resistance, subdued through assimilations, liberated by democratic values, and now seeking harmony and peace through full integration as one people,” he declared.
The summit was the first since 1977 when the Code of Muslim Personal Laws of the Philippines (CMPL) was enacted through Presidential Decree No. 1083.
CMPL sought to assure Filipino Muslims that the “government protects their religion and their rights, that they are treated equally with the rest of the population, and that they are an integral part of the Filipino nation.”
Forty-six years after the enactment of CMPL, a Shari’ah national summit was conceived to undertake an institutional review of the Shari’ah justice system “to strengthen the foundations of Shari’ah in our national legal framework and achieve full adherence to the rule of law by all,” Gesmundo said.
More than 300 justices, judges, prosecutors and lawyers are participating in the summit being held at the at the Limketkai Luxe Hotel.
Shari’ah counselors, Shari’ah judges, members of the academe, representatives of non-governmental organizations, as well as foreign delegates from countries which implement Shari’ah laws are also participants.
President Ferdinand “Bongbong” Marcos Jr. failed to attend the first day of the summit. He sent his special assistant, Secretary Antonio Ernesto F. Lagdameo Jr.
Lagdameo told the summit participants that “President Marcos Jr. re-assures that his administration strongly supports endeavors towards our common goal of a progressive, peaceful, and unified nation.”
Among the participants are Egyptian Ambassador to the Philippines Ahmed Shehabeldin Ibrahim Abdullah, Senate President Juan Miguel F. Zubiri; Senior Associate Justice Marvic MVF Leonen and other SC justices, Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) Chief Minister, Ahod B. Abrahim Al Hajj, Bangsamoro Transition Authority Member of Parliament, Mohagher M. Iqbal;
Philippine Judicial Academy (PhilJA) Chancellor, retired SC Associate Justice Rosmari D. Carandang; Philippine Center for Islam and Democracy Programs Director and Head Rapporteur Salma Pir Rasul, Mindanao State University College of Law Dean Norhabib Bin Suod Barodi, Nizam, Bashir & associates managing Partner Nizam Bashir, Head of the Center for the Study of Islam and Philosophy and University of Muhammadiyah Professor Dr. Pradana Boy Zulian.
Gesmundo cited the SC’s five-year Strategic Plan for Judicial Innovations (SPJI) which, he said, is aimed at “delivering responsive and real-time justice.”
He said the SPJI “is based on the constitutional mandate of the Judiciary to deliver speedy and equal justice for all and is anchored on four guiding principles: Timely and Fair Justice, Transparent and Accountable Justice, Equal and Inclusive Justice, and Technologically Adaptive Management” to achieve the outcomes of “efficiency, innovation and access.”
He pointed out that “under the principle of Equal and Inclusive Justice, judicial proceedings and processes, adjudicative and administrative, must not only be free from overt discrimination of any form, but must nurture a culture of respect, sensitivity, and inclusivity across distinct genders, identities, roles, needs and vulnerabilities.”
“It is our constitutional duty, if not moral obligation, to promote an inclusive environment free of biases against all genders and social sectors, against any religious belief and even political persuasion,” he stressed.
“We must provide an effective platform for Filipinos from all walks of life to articulate their rights when injustice has been perpetrated, to attain redress and expect fair resolution through judicial action, and to freely partake in the judicial process undeterred by traditional barriers of inequality, such as education, wealth, gender, geography, ethnicity, and even religion,” he said.
The Chief Justice cited the SC’s meeting with representatives of the National Commission on Muslim Filipinos (NCMF) and discussed the judicial concerns of the Muslim Filipinos.
He said among the topics discussed were the possibility of creating Shari’ah courts in areas outside of Mindanao; the appointment of judges to vacant Shari’ah courts; the creation of an Integrated Shari’ah Bar of the Philippines and the inclusion of Shari’ah as a course in law school; requiring Mandatory Continuing Legal Education compliance among Shari’ah counselors in the practice of Shari’ah law; and the proposed changes to improve the conduct of the Shari’ah Bar Examinations.
“During our meetings in Marawi City and with the NCMF, I assured everyone of the Judiciary’s support because as I said, one of the objectives of the SPJI is to strengthen the Shari’ah justice system not only in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) but also in other areas where members of the Muslim population reside,” he said.
He also said: “In all humility, let me say that the SPJI has already sought to address these concerns affecting the operations of the Shari’ah justice system. In this regard, we have constituted a Committee on Shariah Justice, led by Senior Associate Justice Marvic M.V.F. Leonen as Chairperson and Associate Justice Japar Dimaampao as Vice Chairperson, to pursue an integrated effort to institute reforms and initiatives that would contribute to the facilitation of justice and the rule of law in the BARMM.”
“Through this National Summit, we hope to strengthen the Shari’ah justice system anchored on the need to assess its institutional framework, including the internal capacities within broader historical, cultural, and ideological contexts as well as within the context of the current BARM governance framework,” he said.
“A deeper probe into the impact of these on the current Islamic notions of justice and current formal and informal dispute resolution norms and practices would also be conducted,” he added.